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Sources of environmental law

investigations undertaken by both governmental and environmental sustainability. Pakistan’s increasing
non-governmental bodies, it was determined that these reliance on coal reserves, funded by China through
businesses’ manufacturing operations were inflicting CPEC-related ventures like coal-fired power plants,
detrimental environmental damage, encompassing raises concerns. The 2015 Paris Agreement discourages
occurrences such as flooding and contamination of the use of coal for power generation, a pact to which
both groundwater and the atmosphere, alongside land both China and Pakistan are signatories. Pakistan
subsidence. The ECtHR found a violation of Article 8 of possesses considerable potential for renewable energy
the Convention, pinpointing the state’s failure to enact generation, such as solar, wind, and hydro. Solar
measures – for over a dozen years – either to relocate energy alone could potentially provide Pakistan with
the individuals involved or to adequately address their 1,600 GW, far exceeding its current consumption.
predicament through alternative means. After carefully However, CPEC initiatives continue to prioritize coal-
evaluating the particulars of the case, the ECtHR stated, based energy projects. Remedial actions are therefore
“a credible claim predicated on Article 8 can arise recommended to secure sustainable development.
where an environmental peril escalates to a severity This could include collaborative efforts such as shared
that substantially infringes on the applicant’s capacity expertise from environmental lawyers and the initiation
to partake in their home, private, or familial life.” 30, p210 of joint research and development initiatives. 32
A comparable methodology for safeguarding Further progress demands the establishment of
the environmental rights of Ukrainian residents is a joint environmental data-sharing system between
mirrored in the Grymkovska versus Ukraine case. the governmental departments of both countries.
The applicant, along with her parents and her young This would facilitate efficient cross-border legal
son, resided in their residence on Ch. Street, located harmonization and enforcement, ultimately
within a residential district of the city of Krasnodon. In establishing a cohesive inter-regional environmental
1998, it was decided to route the M04 Kyiv–Luhansk– enforcement framework. To achieve this, both
Izvaryne highway through Ch. Street. In May 2002, an parties should enhance environmental monitoring
air quality assessment performed by the State Sanitary and intelligence to improve pollution awareness and
and Epidemiological Service of the Luhansk Oblast law enforcement across various levels, including
revealed a significant exceedance in the acceptable local, provincial, national, and regional jurisdictions.
concentration levels of substances detrimental to human Public interest litigation and wider public involvement
health, stemming from air pollution generated by road in environmental issues must be strengthened. In
emissions along Ch. Street. After scrutinizing the addition, better alignment between domestic and
pollution measurements, the Chief Sanitary Doctor of international environmental laws, treaties, and
Luhansk Oblast in 2002 advised the mayor of Krasnodon agreements is necessary to achieve the goals set by the
to contemplate discontinuing the utilization of Ch. Paris Agreement on climate change, the Sustainable
Street as a thoroughfare, emphasizing that the degree of Development Goals, the Aichi Biodiversity Targets, the
air pollution on this street exceeded legally established Sendai Framework for Disaster Risk Reduction, and
benchmarks and had the potential to jeopardize the other global commitments to sustainable development.
health of the residents. 31 Such coordinated actions would not only address the
International law mandates that nations in a region specific environmental challenges of the two countries
collaborate, adhering to “common but differentiated but would also serve as a model for environmental
responsibilities,” especially when dealing with legal cooperation, benefiting the whole region and the
transboundary environmental issues. The evolving wider global community.
infrastructural partnership between China and Pakistan Transboundary environmental issues should ideally
under the CPEC warrants specific agreements to be resolved through legal cooperation between the
safeguard and enforce environmental standards within two nations rather than through recourse to domestic,
this framework. At present, no dedicated environmental foreign, or international courts in every instance. This
treaty exists between the two nations, nor are will benefit the stakeholders in various ways, including
environmental safeguards explicitly detailed and made financial advantages, time savings, and reduction in
public in their legal documents. energy consumption. It would also better serve justice,
Moreover, a critical assessment of investments particularly for the private party (the claimant) in cases
in CPEC-related projects is crucial for ensuring of transboundary harm, who frequently has limited

Volume 22 Issue 3 (2025) 159 doi: 10.36922/AJWEP025160118